Memorial Day marked Sine Die—the end of the 85th Texas Legislature at the Capitol in Austin. Now, THSC and the THSC Watchmen can look fondly on the many successes and all of the progress that was made during the 2017 Texas Legislative session.

During the legislative session, the THSC Watchmen collectively logged more than 6,000 hours, sorted through more than 11,000 filed bills, and specifically tracked more than 250 bills that affected parental rights or home schooling.

Of THSC’s top legislative priorities, the THSC Watchmen succeeded in passing the top priority, the Parent Child Protection Act, which protects Texas families from overreaching CPS practices.

Although it often takes several sessions to pass certain policies, THSC realized significant success during this legislative session.

Parent-Child Protection Act

During the 85th Texas Legislature, THSC passed 9 major CPS reforms collectively known as the Parent-Child Protection Act.

The Parent-Child Protection Act protects parental rights and families from unnecessary and harmful investigations and removals by clarifying the standards that must be met before a child is removed from his or her home.

The Act also closes loopholes in current law that allowed investigators to bypass deadlines and other necessary mandates without specific measures of accountability.

Finally, the Act provides additional protections to families and parents by reforming the legal procedure to allow families sufficient time to form an effective defense while maintaining their presumption of innocence until proven guilty.

Specific reforms passed includes:

  • Enforcing the current one-year deadline on CPS cases.
  • Preventing CPS from removing a child based on the parents decision to home school or decline a vaccination.
  • Requiring that all cases involving the same children and the same CPS incident be heard by the same court.

CPS Legislation

In addition to passing most of the provisions in the Parent-Child Protection Act, THSC worked with various Texas Representatives and Senators to amend other legislation to protect parental rights.

For example, THSC worked to amend HB 1410, which we believe would have unintentionally created additional problems for parents facing CPS suits.

The bill was designed to protect parents who were facing CPS suits by restricting the ability of foster parents to intervening in a CPS case while a family is still trying to regain possession of the child. However, because of the way the language of the bill was written, it would have actually expanded the ability of foster parents to intervene against the parent in an ongoing CPS suit.

THSC worked with the bill author, Rep. Evelina Ortega, to amend the wording of the bill in order to accomplish the original purpose of the bill and to protect parental rights.

THSC also worked to reform several bills that would have posed threats to parental rights:

– THSC amended SB 11, which would have allowed CPS to administer certain medical treatments at an exam conducted before it was proven that the removal was justified. The bill was successfully amended to prevent this from happening until after it was determined that the removal was justified.

– THSC amended a provision in SB 999 to require CPS to find actual risk of harm to a child before removing the child in a non-emergency situation. This was necessary because CPS can currently remove a child in a non-emergency without requiring proof there was a risk of harm to the child.

Family Unity Act

During the 2017 Texas Legislative session, THSC pushed to pass the Family Unity Act, which was comprised of several bills to protect parental authority in the court system. Unfortunately, the Family Unity Act bills stalled or were blocked from passing into law.

Although THSC received support for our House bills―HB 1899, HB 1361 and HB 2890―we ran out of time against hard deadlines. HB 1899 and HB 1361 passed out of committee, but they were not sent to the House floor in time. And, HB 2890 was left pending in committee.

THSC faced a different challenge in the Senate, where the majority of our bills were blocked from even being heard in committee. Chairwoman Joan Huffman allowed one bill to be heard—SB 816—but the bill was left pending in committee, despite ample time to be voted out. Senator Huffman has been against THSC’s family law legislation in past sessions as well.

Regrettably, the Family Unity Act did not pass this session, but THSC will continue to fight this battle to protect parental rights.

Tim Tebow Bill

The 85th Texas Legislative session was the most progressive session yet for Tebow legislation.

SB 640 by Sen. Van Taylor successfully passed the Senate by a committee vote of 8-2 and Senate vote of 25-6. However, HB 1323 by Rep. James Frank was one vote short of passing through the House Public Education Committee.

The hearings in the Senate and House were extremely successful. Approximately 20 witnesses testified orally in favor of the legislation and 60 registered in support.

Not to be deterred, THSC will continue fighting for legislation that increases options for the home school community.

School Choice Legislation

THSC supported school choice legislation that would have enabled students with disabilities to open IPEA accounts to fund therapies and individualized education options to address their needs.

THSC also supported broad school choice legislation to allow any student to open ESA accounts, which would have expanded parental options to individualize their child’s education.

School choice legislation passed the Senate but was blocked in the House.

Legislation Affecting Parental and Home School Rights in Education

Throughout the legislative session, THSC worked on three significant bills affecting parental rights and home school education.

– THSC worked to amend a bill that called for a program to be created to increase awareness and prevention of sex trafficking in youth.

The original language in SB 2039 by Sen. Judith Zaffirini did not include requirements for parental notification of sensitive information or the ability for parents to elect to opt their child out of the class.

THSC testified in opposition to the legislation in the House Public Education Committee. THSC also successfully worked with the House sponsor, Rep. Senfronia Thompson, to amend the legislation.

The result was SB 2039 passed out of the House with language written by THSC that required parents to be notified that the class was required while also giving parents the option to remove their child from the class at their own discretion.

– THSC worked to amend a bill that would have eliminated a student’s ability to have classes outside of a university’s core curriculum, technical courses, or foreign language courses be considered dual credit courses.

THSC offered amendments to SB 1091 by Sen. Kel Seliger, but they were not accepted. We also testified in opposition to the legislation.

After working with Texas Higher Education Coordinating Board for months, THSC found a way for home school students to remain unaffected by the bill and took a neutral position on the legislation.

– THSC also testified in favor of a driver’s education bill that increased parental rights by offering the same standard to parents as to state instructors regarding DWI infractions.

SB 848 by Sen. Don Huffines also would have eliminated unfair prohibition on parental instruction if the parent has a mental illness.

Under the bill, the DWI restriction on parents changes to align with the seven-year requirement place on state driver’s education instructors. The bill also allows parents with mental illnesses—but who still have all driving privileges—to instruct their child in driver’s education.

SB 848 passed the legislature and is waiting on Governor Abbott’s signature to become law.

How You Can Help In Future Texas Legislative Sessions

THSC is overjoyed by the overwhelming victories in passing CPS reform during the first session that it was THSC’s priority legislation. In future legislative session, THSC will continue authoring bills to protect parental rights and home school students.

THSC’s work to protect families during the 2017 Texas Legislative session would not be possible without generous donors like you and your family. We sincerely appreciate your support.

To help THSC continue our work for the next legislative session, consider supporting THSC by making a financial contribution today! By doing this you are helping our mission Keeping Texas Families Free!